EAST COAST LUMBER TERMINAL v. TOWN OF BABYLON

No. 208, Docket 21279.

174 F.2d 106 (1949)

EAST COAST LUMBER TERMINAL, Inc. v. TOWN OF BABYLON.

United States Court of Appeals Second Circuit.

April 5, 1949.


Attorney(s) appearing for the Case

Jacob W. Friedman and Daniel A. Shirk, both of New York City, for plaintiff.

Oscar Murov, of Lindenhurst, N. Y., and Joseph H. Wackerman, of Brooklyn, N. Y. (Lindsay R. Henry, of Bay Shore, N. Y., of counsel), for defendant.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


L. HAND, Chief Judge.

The plaintiff is the owner of about eighty acres of land in the Town of Babylon, containing sand and gravel, which it excavates and sells. It seeks to enjoin the town, pendente lite, from enforcing against it an ordinance, a copy of which we annex in the margin.* Its complaint is that the ordinance is unconstitutional under the Fourteenth Amendment, because it deprives the...

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